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The Cincinnati Enquirer

Editorial Page

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Oct. 25, 1998

Courts shouldn’t protect behavior

The courts can only grant extra protections to those groups that are discriminated against because of intrinsic physical characteristics, like race and gender. You’re either male or female, white or black, etc. They’re obvious, immutable characteristics.

How do you prove you’re gay? Just by saying so? Do you have to engage in a homosexual act? What if someone had homosexual sex once in their live? Can you decide that you aren’t gay anymore? These are questions that have to be answered and at the same time can’t be answered.

Why is it hard to understand that the courts cannot bestow special rights to any group because of their activities?

Protections can’t be doled out to people based on how they behave. There is no way for courts to enforce this. It is impossible. Even if you are beaten up or robbed and you happen to be homosexual - guess what? We already have a law against beating up and robbing anyone, regardless of who they are, what they look like, homosexual or not. How can rights be an more equal than that?

Troy Smith, Covington
The Cincinnati Enquirer
Oct. 25, 1998

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